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James Richard Butler
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James Butler’s Answers

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  • Okay I was arrested six months ago for dwi 3 rd. just last week the case was filed I know it was suppose to grand jury. I assu

    Assume it did but the charge reduced to dwi 2nd. Can they refile and change to 3 again ? Court date not set yet

    James’s Answer

    The short answer is yes they can. I would need to know more about your prior DWI convictions including whether those cases were probated and what year they were in. Were they prior to 1983? And if so were they probated? Also, of those prior convictions, were you informed that you had the right to a jury trial and did you knowingly wave that right? These are some of the things we look at when there are prior DWI convictions on a person's record, especially when those cases were prior to 1983. A probation for DWI in 1983, was not considered a final conviction for purposes of enhancement. It is not uncommon for the state to file the case as a DWI 2nd and dismiss at a later point in time when they are sure that they can refile as a felony. You need to hire the best DWI defense lawyer you can find right now, and have them go in and attack this case while it is still a misdemeanor. The sooner the better. I wish you the best.

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  • Do i need to hire a lawyer to get my smart start home unit dismissed?

    Ive been in a smart start home unit for 10 months now. I just started a new job with crazy hours being thrown at me, so its impossible to keep up with the unit. They gave me 20 months of probation for a first time DWI plus classes and community se...

    James’s Answer

    Let me first say that I practice DWI defense in Harris County Texas, so my answer will be limited to my knowledge of what they would do in Houston Texas. SmartStart should have a portable device available to you. Perhaps the judge would substitute that in place of the in-home unit. When they do this,they usually put you on what is called a blow schedule. What that means is they have you blow into the portable device morning afternoon and evening. I also know there is a device called sober link, I'm not sure if that is the SmartStart device, but it could be. I know that the Sober Link device is about the size of a large cell phone, which makes it attractive for those who work in an office environment. As far as needing a lawyer -you might be able to just have your probation officer email the court and ask if you can switch devices. That would be the first thing I would do. Good luck.

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  • I received a DWI last yr. Never been in trouble before. I blew a violation in my home device after 7 mo of perfect blows.

    My machine gets recalibrated this weeknd and I go to PO next week. Could they get results back that fast & would they cart me away in hand cuffs for 1 bad day. I pay all fines and never miss my PO appt.

    James’s Answer

    If the device was placed in your home as a condition of your probation, and if your breath sample was positive for alcohol, then obviously that would be a violation of your probation. One of the conditions of probation, is that you abstain from using alcohol. Whether the court decides to violate you, depends on which court you are in. It also depends on the amount of alcohol that was measured, and the rate that alcohol was eliminated from the sample. For instance, let's say you blew a .04, and then the next time you blew,approximately 30 seconds later, you blew a 0.00. That is obviously mouth alcohol, which might earn you a stern warning to follow the instructions of the device manufacturer, and abstain from things that will register. On the other hand let's say you blow .03, and 30 seconds later you below .026 that is more indicative of alcohol in your system, which is a no no. That could earn you a weekend in jail, or again, depending on the court, a stern warning. I would really have to know which court you were in to give you a better answer. Look, I am aware that there are substances which will register positive for alcohol. The most shocking to me with a client who drink Starbucks double energy shot out of the can, and he registered alcohol in his system. Fortunately,in that case,we videotaped it and showed it to the judge. Like I said, it depends on the judge of the court that you're in. Hopefully this does not ruin you're seven months of good behavior. Best of luck.

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  • Will I go to jail?

    Hv a felony probation. On my 2nd year. I failed once on interlock w a 0.039 bac and I waited to long for second blow.

    James’s Answer

    Jail therapy would not be out of the question.
    The judge can revoke your probation modify your probation or extend your probation to add additional time. The number one thing that judges fear when placing someone on felony DWI probation, is that they will go out and continue to drink and drive, have an accident, and hurt someone.You definitely need an experienced Bexar County DWI defense attorney. Good luck.

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  • Would i be able to travel/fly in state while my DWI case is pending?

    I got a DWI a couple of months ago but I am still in the court process and my probation has not yet started. Would I be able to travel by plane to a nearby city? My intention is to return before my next court date.

    James’s Answer

    As long as you are abiding by all of your bond conditions, you should be alright. But have your attorney run it past the judge of your court , just to be on the safe side. Good luck.

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  • Will they revoke if I test positive for marjuana on my first day of probation

    I got 90 days of deferred and the probation can pop random drug test got a possession of gambling device

    James’s Answer

    Most likely you will not be revoked if it's your first UA , and it's dirty. I'm assuming you took a plea, were sent over to 49 San Jacinto, where you submitted a urine sample,which tested positive for THC. The issue with marijuana is that it remains in your system for up to thirty days. They now have a baseline reading. When they check again, your number should have significantly decreased, or be zero. You can't be revoked for an act committed prior to being placed on probation. No more weed for you - at least until you have been successfully discharged from deferred adjudication, and the case has been dismissed. Best of luck.

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  • Can I be arrested for driving with a suspended license?

    I was recently in a car wreck in which I was not at-fault but I have a suspended license and was cited. This is my first traffic citation. My license is suspended due to a default judgement from a few years ago that remain unsatisfied. Can I be ar...

    James’s Answer

    A first offense for Driving While License Invalid under these circumstances ( a judgement lien) is a Class C Misdemeanor. They want their money, not you. The citation you signed is your promise to appear ( like a personal recognizance bond) to either pay the citation, or request a hearing. To be arrested for DWLI, you have to either have a prior DWLI conviction, or be DWLI with no insurance, which makes it a Class B Misdemeanor. It's a Class A Misdemeanor if you are DWLI, and you have no insurance, and you either caused, or are the "at fault party" in an accident which resulted in serious bodily injury or death. Bottom line, I think you'll be O.K.

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  • Can I become a licensed security officer if a have a class A misdemeanor for a DUI first and only offense

    I received my Dwi when I was 19 yrs old, I had a accident with another vehicle in which no one was hurt. My car skid on a rain day into another vehicle. I'm currently 22 going on 23. I would like to have any info if it's still a possibility

    James’s Answer

    • Selected as best answer

    I think you can become a licensed security officer. The Texas Occupation Code,, Chapter 10, Section 1702, covers Private Security Guards. Under the General Qualifications, Sec 1702.113, you cannot apply if you are "currently" being charged with a Class A or B Misdemeanor. If you want to become a Commissioned Officer, that is one who carries a weapon, you cannot have two prior DWI convictions within the preceding ten years of applying for their license - Bottom line - you should be O.K. Good luck.

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  • Are there any legal restrictions to filing an ALR request?

    I was arrested for a DWI and my attorney never requested an ALR, his secretary will not answer me when I ask why.

    James’s Answer

    The request for hearing must be received by DPS within 15 days from the date you received, or are presumed to have received the Notice of Suspension Temporary Driving Permit - form DIC 25. Typically that date is the day or night you were arrested for DWI. If no request is received by the Department within that 15 day period, your license is eligible for suspension, 40 days from the date you received or are presumed to have received that notice. You can fax your request for hearing to (512) 424-2650. Be sure and tell them your name, date of birth, license number, address, phone number, county of arrest, whether it was a refusal or failure,the officers name, the police agency that arrested you, and any other pertinent information. Good luck.

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  • I'm on probation for DWI I have a interlock system in my car and I failed one time and positive for alcohol in one UA test

    I have court next week what can happen

    James’s Answer

    I could give you a much better answer if I had more information. Which court are you in ? Is this a Misdemeanor or a Felony? How long have you been on probation? Are you current on all other conditions of probation? Have you had any other violations? How old are you? What are the facts of the underlying DWI? What was the breath or blood test result ? Was their an accident? Have they filed a Motion to Revoke Probation already ? If so, what are the allegations? Give us this information, and we can give you a better answer. Either way - you will definitely need a lawyer.

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